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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Offences and penalties

57: Contravention of specified breath or blood-alcohol limit by person younger than 20

You could also call this:

“Young drivers under 20 can get in trouble for having alcohol while driving”

If you are younger than 20 years old, you can get in trouble for driving or trying to drive a car on the road with alcohol in your system. There are different levels of trouble you can get into:

You commit an offence if you drive with more than 150 micrograms of alcohol per litre of breath. This is checked by a breath test. If you do this, you might go to jail for up to 3 months or have to pay up to $2,250. You also won’t be allowed to drive for at least 3 months.

You commit an infringement offence if you drive with any alcohol in your breath, but less than 150 micrograms per litre. This is a less serious offence.

You commit an offence if you drive with more than 30 milligrams of alcohol per 100 millilitres of blood. This is checked by a blood test. The punishment is the same as for the breath test offence.

You commit an infringement offence if you drive with any alcohol in your blood, but less than 30 milligrams per 100 millilitres. This is a less serious offence.

Sometimes, the court might not stop you from driving if they order something called an alcohol interlock sentence or if there are special reasons related to your offence.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434696.

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56: Contravention of specified breath or blood-alcohol limit, or

"Breaking the rules about how much alcohol you can have when driving"

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57AA: Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence, or

"Driving with any alcohol when you have a special no-alcohol licence is against the law"

Part 6 Driving offences involving drink or drugs, and penalties and procedures
Offences and penalties

57Contravention of specified breath or blood-alcohol limit by person younger than 20

  1. A person younger than 20 commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 150 micrograms of alcohol per litre of breath.

  2. A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol but the proportion of alcohol does not exceed 150 micrograms of alcohol per litre of breath.

  3. A person younger than 20 commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 30 milligrams of alcohol per 100 millilitres of blood.

  4. A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol but the proportion of alcohol does not exceed 30 milligrams of alcohol per 100 millilitres of blood.

  5. If a person commits an offence against subsection (1) or subsection (2),—

  6. the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250; and
    1. the court must order the person to be disqualified from holding or obtaining a driver licence for 3 months or more.

      1. The mandatory disqualification in subsection (3)(b) does not apply if—

      2. an order is made under section 65; or
        1. an alcohol interlock sentence is ordered under section 65AC(1).

          1. The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

          Compare
          Notes
          • Section 57(1A): inserted, on , by section 25(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
          • Section 57(2A): inserted, on , by section 25(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
          • Section 57(4): replaced, on , by section 16 of the Land Transport Amendment Act 2017 (2017 No 34).
          • Section 57(5): inserted, on , by section 16 of the Land Transport Amendment Act 2017 (2017 No 34).